Mr. Cooper (for
himself and Mrs. Blackburn) introduced
the following bill; which was referred to the
Committee on Energy and
Commerce

A BILL

To amend the Energy Policy and Conservation Act to
provide a uniform efficiency descriptor for covered water
heaters.

1.

Short title

This Act may be cited as the
Water Heater Rating Improvement Act of
2011.

2.

Uniform efficiency
descriptor for covered water heaters

Section 325(e) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(e)) is amended by adding at the end the
following:

(5)

Uniform
efficiency descriptor for covered water heaters

(A)

Definitions

In
this paragraph:

(i)

Covered water
heater

The term covered water heater means—

(I)

a water heater;
and

(II)

a storage water
heater, instantaneous water heater, and unfired water storage tank (as defined
in section 340).

(ii)

Final
rule

The term final rule means the final rule
published under this paragraph.

(B)

Publication of
final rule

Not later than 180 days after the date of enactment of
this paragraph, the Secretary shall publish a final rule that establishes a
uniform efficiency descriptor and accompanying test methods for covered water
heaters.

(C)

Purpose

The
purpose of the final rule shall be to replace with a uniform efficiency
descriptor—

(i)

the energy factor
descriptor for water heaters established under this subsection; and

(ii)

the thermal
efficiency and standby loss descriptors for storage water heaters,
instantaneous water heaters, and unfired water storage tanks established under
section 342(a)(5).

(D)

Effect of final
rule

(i)

In
general

Notwithstanding any other provision of this title,
effective beginning on the effective date of the final rule, the efficiency
standard for covered water heaters shall be denominated according to the
efficiency descriptor established by the final rule.

(ii)

Effective
date

The final rule shall take effect 1 year after the date of
publication of the final rule under subparagraph (B).

(E)

Conversion
factor

(i)

In
general

The Secretary shall develop a mathematical conversion
factor for converting the measurement of efficiency for covered water heaters
from the test procedures in effect on the date of enactment of this paragraph
to the new energy descriptor established under the final rule.

(ii)

Application

The
conversion factor shall apply to models of covered water heaters affected by
the final rule and tested prior to the effective date of the final rule.

(iii)

Effect on
efficiency requirements

The conversion factor shall not affect
the minimum efficiency requirements for covered water heaters otherwise
established under this title.

(iv)

Use

During
the period described in clause (v), a manufacturer may apply the conversion
factor established by the Secretary to rerate existing models of covered water
heaters that are in existence prior to the effective date of the rule described
in clause (v)(II) to comply with the new efficiency descriptor.

(v)

Period

Subclause
(E) shall apply during the period—

(I)

beginning on the
date of publication of the conversion factor in the Federal Register;
and

(II)

ending on April
16, 2015.

(F)

Exclusions

The
final rule may exclude a specific category of covered water heaters from the
uniform efficiency descriptor established under this paragraph if the Secretary
determines that the category of water heaters—

(i)

does not have a
residential use and can be clearly described in the final rule; and

(ii)

are effectively
rated using the thermal efficiency and standby loss descriptors applied (as of
the date of enactment of this paragraph) to the category under section
342(a)(5).

(G)

Options

The
descriptor set by the final rule may be—

(i)

a
revised version of the energy factor descriptor in use as of the date of
enactment of this paragraph;

(ii)

the thermal
efficiency and standby loss descriptors in use as of that date;

(iii)

a revised
version of the thermal efficiency and standby loss descriptors;

(iv)

a
hybrid of descriptors; or

(v)

a
new approach.

(H)

Application

The
efficiency descriptor and accompanying test method established under the final
rule shall apply, to the maximum extent practicable, to all water heating
technologies in use as of the date of enactment of this paragraph and to future
water heating technologies.

(I)

Participation

The
Secretary shall invite interested stakeholders to participate in the rulemaking
process used to establish the final rule.

(J)

Testing of
alternative descriptors

In establishing the final rule, the
Secretary shall contract with the National Institute of Standards and
Technology, as necessary, to conduct testing and simulation of alternative
descriptors identified for consideration.

(K)

Existing covered
water heaters

A covered water heater shall be considered to
comply with the final rule on and after the effective date of the final rule
and with any revised labeling requirements established by the Federal Trade
Commission to carry out the final rule if the covered water heater—

(i)

was manufactured
prior to the effective date of the final rule; and

(ii)

complied with the
efficiency standards and labeling requirements in effect prior to the final
rule.